Summary Of Eminent Domain
Summary: Eminent Domain or Domination by Douglas Timmons and Lara Womack
In this paper, Douglas et al. focuses on the Law of Eminent Domain in the Constitution of United States. The objective of the paper is to understand in what circumstances the law can be applied in the name of “public use” before violating private property rights.
As per the law, Douglas et al. have explained eminent domain as a tool that can be used by federal government, a municipality, the state or a private corporation that is authorized to exercise actions for public use, giving them the power to take private property for public use. The US Constitution imposes a responsibility on the government to protect an individual’s private property rights. The Fourth Amendment states that “people are to be secure in their persons, houses, papers and effects…” The Fifth Amendment further states …show more content…
Tisdell first addresses the need for conservation of wildlife on private property. She explains how a large proportion of the Earth’s land is in private hands. There is a significant amount of wildlife on these lands which needs protection because under the current status quo, the landowners have no incentive to protect them as the existence of the wildlife on their lands hold no benefit for them. In such a situation, the author analyzes the effectiveness of giving private property rights to wildlife to the landowners.
The proponents of private property rights to wildlife justify their argument explaining how without them the landowners have no economic return from the presence of wildlife on their land. With private property rights, the landowners are able to make money and have an income from the wildlife on their land. If landowners are allowed to trade in wildlife on the free market, it reinforces private property rights as an incentive.
However, Tisdell analyzes the possible repercussions of such a policy as
In this paper, Douglas et al. focuses on the Law of Eminent Domain in the Constitution of United States. The objective of the paper is to understand in what circumstances the law can be applied in the name of “public use” before violating private property rights.
As per the law, Douglas et al. have explained eminent domain as a tool that can be used by federal government, a municipality, the state or a private corporation that is authorized to exercise actions for public use, giving them the power to take private property for public use. The US Constitution imposes a responsibility on the government to protect an individual’s private property rights. The Fourth Amendment states that “people are to be secure in their persons, houses, papers and effects…” The Fifth Amendment further states …show more content…
Tisdell first addresses the need for conservation of wildlife on private property. She explains how a large proportion of the Earth’s land is in private hands. There is a significant amount of wildlife on these lands which needs protection because under the current status quo, the landowners have no incentive to protect them as the existence of the wildlife on their lands hold no benefit for them. In such a situation, the author analyzes the effectiveness of giving private property rights to wildlife to the landowners.
The proponents of private property rights to wildlife justify their argument explaining how without them the landowners have no economic return from the presence of wildlife on their land. With private property rights, the landowners are able to make money and have an income from the wildlife on their land. If landowners are allowed to trade in wildlife on the free market, it reinforces private property rights as an incentive.
However, Tisdell analyzes the possible repercussions of such a policy as